Do I really need a will if I don't have many assets?

Yes — a will isn't just about money. It determines who raises your minor children, who handles your affairs, and how even modest assets are distributed. Without one, Pennsylvania's intestacy laws decide all of that for you, and the outcome may not match your wishes.

What's the difference between a will and a trust?

A will takes effect after you die and goes through probate — a public court process. A trust takes effect immediately, avoids probate entirely, and can manage assets during your lifetime if you become incapacitated. For many families, especially those with real estate or blended family situations, a trust provides far greater protection and flexibility.

When is the right time to start Medicaid planning?

Earlier than most people think. Medicaid has a five-year look-back period, meaning transfers made within five years of applying can result in penalties and delayed eligibility. The best time to start planning is well before a nursing home becomes a possibility — ideally in your 60s or early 70s.

Do I need a Pennsylvania attorney to buy a home in the Poconos?

Pennsylvania doesn't legally require an attorney for a real estate transaction, but it's strongly advisable — especially for out-of-state buyers. Pennsylvania law, title requirements, and disclosure rules differ significantly from New York and New Jersey. An attorney reviews your contract, identifies title issues, and protects your interests at closing in ways a real estate agent cannot.

If I leave money to my child with a disability, will it affect their benefits?

It can — and often does. Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from those programs. A Supplemental Needs Trust allows you to provide for your loved one's quality of life without jeopardizing the government benefits they depend on. This type of planning requires careful drafting, and getting it wrong can have serious consequences.

Year-End Estate Planning: 5 Things to Review Before January

Estate Planning

Dec 3

Written By William Onofry

December has a way of making people reflective. Another year gone. Family around the table. The future suddenly feeling more real. If you've been meaning to get your legal affairs in order, there's no better time than the end of the year. Here are five things worth reviewing before January.

1. Is your will current?

If you've had a major life change — marriage, divorce, a new child or grandchild, a death in the family, a significant asset purchase — your will may no longer reflect your wishes. Review it now.

2. Are your beneficiary designations up to date?

Life insurance, retirement accounts, and bank accounts with payable-on-death designations pass outside your will entirely. If you haven't reviewed these recently, they may name people who are no longer in your life — or leave out people who should be.

3. Do you have a durable power of attorney?

If something happened to you tomorrow, who could manage your finances? If the answer is unclear, this is a gap worth closing before the new year.

4. Do you have a healthcare proxy and living will?

These documents speak for you when you can't speak for yourself. If you don't have them — or haven't looked at them in years — now is the time.

5. Is your trust funded?

If you have a revocable living trust, the assets you intended to put in it need to actually be titled in the trust's name. An unfunded trust provides none of the protections you created it for. See our January article for more on this.

Start the new year with your affairs in order. Call us at (570) 904-2098 — we'll help you figure out what needs attention and what can wait.

Jacobs, Wilson & Onofry · jwolawyers.com · (570) 904-2098

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances differ. Please consult an attorney for guidance specific to your situation

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William Onofry

Year-End Estate Planning: 5 Things to Review Before January

Your Trust Won't Work If It Isn't Funded. Here's What That Means.

Why You Need an Attorney for Your Pennsylvania Real Estate Purchase